1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 16, 2009, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) in the attached Form (1), which contains the content that guarantees a daily allowance (20,000 won for injury, disease, 30,000 won) when hospitalized as the insured by making the Defendant the Defendant as the insured.

B. From May 1, 2009 to December 2, 2009, the Defendant received hospitalized treatment for a total of 55 days between B Hospital and December 1, 2014, and received KRW 8,504,831 in total from the Plaintiff during the period from June 5, 2009 to November 11, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant asserted that the instant insurance contract was concluded for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts, and thus, the instant insurance contract is null and void in violation of Article 103 of the Civil Act.

Therefore, the Defendant is obligated to refund the amount equivalent to the insurance money received according to the instant insurance contract to the Plaintiff as unjust enrichment.

B. At the time of the conclusion of the instant insurance contract, the Defendant worked as an insurance solicitor from the Plaintiff (the former trade name before the change: the latter trade name) to the L&C, an insurance agency of the Plaintiff (the former Type of Green Damage Insurance Co., Ltd.) (the latter seems to have served as an insurance solicitor of

A) The current status of the insurance contract concluded before and after the instant insurance contract with the Defendant as the insured is as listed below. The insured company’s monthly insurance premium (cost) insurance payment for the insurance product name of the insurance company and the insurance product name of the insurance company, and the family love for the 1st generation of fire-free dividends (40,000,000 won a day), 9,272,97 and 9,272,97 and 49,000 Korean Commercial Non-Payment Damages (30,000 won a day), 6,30,1963,000 won a disease (30,000 won a day), 49,400,000 won a day of March 13, 2009 (130,000 won a day), 8,530,000 won a day of injury (20,000,0000 won a day of March 49, 2009).